Three Legal Options for Grandparents in Washington State
Neither the United States Constitution nor Washington State law grants grandparents any inherent legal rights. Previously, statutes existed that permitted grandparents to pursue visitation rights with their grandchildren through the courts, however these laws were struck down by the United States Supreme Court in 2000 in the landmark case Troxel v. Granville.
In that case, which found Washington State law unconstitutionally violated parental rights, the Court emphasized that parents, not grandparents or the government, were specially charged with determining what is in the best interests of their child. That meant that if both parents (or in the case of Troxel, the sole living parent) did not want to allow grandparents to visit, then they did not have to.
Does that mean that grandparents can’t protect grandchildren who have unfit parents? Far from it. There still may be ways for you to see your grandchildren, but they might be limited. Consulting with an experienced law firm handling family law is the most effective way to start this process.
Grandparents currently have three separate statutes available to them that can supersede a parent’s wishes when it genuinely serves the child’s best interests. The first is the Nonparental Child Visitation for Relatives statute, located under RCW 26.11. The second is the Uniform Guardianship Statute, which can be found under RCW 11.130. Finally, some grandparents may qualify under the de facto parentage statute, RCW 26.26A.440.
How does the Nonparental Child Visitation Statute Work?
The Nonparental Child Visitation Statute was passed in order to allow a legal avenue for relatives of a child to attempt to secure visitation rights despite a parent’s wishes. The underlying factor in a decision regarding visitation is still that it must be in the child’s best interests.
This law was crafted to uphold the constitutional rights of parents while simultaneously acknowledging that there are circumstances in which children require the presence of other relatives, even against a parent’s wishes. Such situations arise when a parent behaves unreasonably.
Key Requirements under RCW 26.11
To reconcile these conflicting interests, the legislature incorporated several key elements into the statute:
- The person seeking visitation must be a relative as defined by the statute, grandparents usually qualify
- The person has a substantial relationship with the child
- The child is likely to suffer harm if visitation is denied
- The exact nature of the objection that the parents have to visitation
- The relationship with the child has lasted more than two years (or the child’s entire life if under two years old)
- The person can overcome the assumption that the parent’s decision is in the best interest of the child
- The person pays the attorneys fees for the parents.
And some factors that the grandparent must show that can overcome the assumption that the parent’s desires are in the best interests of the child include:
- the quality of the relationship
- that the visitation will not harm the relationship between the child and the parent
- that the person seeking visitation and the parent can work together
- there is no history of emotional or physical abuse
- that visitation was denied in bad faith
Although there may not be strict legal guidelines to this question, the grandparent may have had a positive and integral part in the mental, physical, and emotional health of the child in question. This will not be overlooked by the court, even if the parent’s wishes have precedent, the court will always try to do what’s best for the child.
But these burdens are also substantial. Fortunately, when there is a more dire situation, there are other options for grandparents seeking visitation.
How does the Guardianship Statute Help Grandparents?
There are cases where grandparents witness the hardship of their own children and need to step in to protect their grandchildren. This may happen where there is a mental health crisis, severe illness, drug addiction, or domestic violence.
The rules governing a guardianship of a minor are strict and require a grandparent to essentially show that the parent is unfit for some reason.
A minor guardianship is the ideal way to protect grandchildren. However, it is a temporary fix. Even with a long term guardianship, a parent may be able to turn their life around. At which point, the law allows them to petition to terminate the guardianship and resume parenting. And that could mean that the grandparent may be shut out as a consequence.
There is one other avenue available to some grandparents: establish that you have a legal parent like relationship with your grandchild through a de facto parentage petition.
How does a De Facto Parentage relate to Grandparent’s Rights?
Under a de facto parentage, it is possible to establish a parent-like status of a child that cannot be taken away except for extreme circumstances.
The Washington State court has determined a test that can be used to prove that the grandparents have acted as “de facto” parents to the child and that this should remain in place.
De Facto Parentage started as a series of cases, but has since been turned into statutes by the Washington Legislature. Several of the factors the court looks at when determining whether a de facto parentage has been established are:
- The natural or legal parent(s) have consented to this parent-like relationship of the grandparents
- The petitioner and the child (or children) have lived in the same household
- The grandparents assumed all the obligations of parenthood without the expectation of financial help or compensation
- The grandparents have been in a caring and parental role for the child for a long time and have developed a strong dependent relationship that may be detrimental to the child if severed
Every aspect of the relationship between the grandparents and the child is taken into account. The paramount guideline is that any decision made regarding custody provides for the most positive development and well-being of the child.
Along with parental status under a de facto parentage comes all the rights and obligations of a parent. That means that you can then establish a parenting plan with the child’s other parent (or parents) and financial support obligations to care for the child.
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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reviewed and updated for legal accuracy by attorney Zachary C Ashby, Pacific Northwest Family Law, on July 21, 2026.
